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Can an attorney withdraw from a personal injury case without notice?

Compton, CA |

Had an accident on 11/14/11 and had an attorney. Now just received a letter that he withdrew from case and advises me to get another attorney. Attorney sent me to therapy. And now I'm left with my hands tied neither doctor nor attorney will provide me my record.:(

Attorney Answers 4


  1. Your attorney is required to turn over the file to you or your new lawyer immediately. Search Avvo for a personal injury lawyer in your city who can request the lawyer's file as well as order all medical records and negotiate a settlement for you.

    Philadelphia Personal Injury Lawyer. www.InjuryLawyerPhiladelphia.com


  2. Your legal file that your attorney has is your property. Upon a reasonable request, your attorney must give you a full and complete copy of your file.

    An attorney can withdraw from a case, but must take reasonable steps to avoid prejudicing the rights of the client. There is not enough information in your question to determine if what your attorney did was proper. You may wish to speak to a malpractice attorney or call the state bar and ask for assistance.

    Best of luck.


  3. Your attorney is obligated to return to you all documents at the end of his representation, whether he was paid or not. Make your request in writing for all your documents, including any and all documents he may have received from your doctor. Your attorney apparently did give you notice - that's the letter. He does not have to have your consent under the circumstances you describe above. There are 60,000 attorneys in metropolitan Los Angeles, and you will have little trouble finding another personal injury attorney. Avvo has many good attorneys, among other sources.PS Your new attorney can get your records if your old attorney fails to return them after your written request.

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  4. If the accident happened on 11/14/11, the probability is that the case is not filed with the court. In such case, he can withdraw as long as he notifies you. You acknowledge receiving the letter. So, what you mean by "without notice"?

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